How does the USPTO handle applications abandoned after payment of the issue fee?
How does the USPTO handle applications abandoned after payment of the issue fee?
Applications abandoned after payment of the issue fee are handled differently by the USPTO. According to MPEP 711.02(b):
“An application is abandoned if it is ready for issuance but the issue fee is not paid within 3 months from the date of the Notice of Allowance (35 U.S.C. 151). An application can also be abandoned by failure to pay the publication fee if required.”
In such cases:
- The application is technically abandoned for failure to pay the issue fee or publication fee
- The application may be revived under 37 CFR 1.137 if the delay was unintentional
- The petition to revive must be filed within the period set in 37 CFR 1.137(c)
- If revived, the patent will be issued with the same issue date it would have had if the issue fee had been timely paid
It’s crucial to act promptly if you’ve missed the issue fee payment deadline to ensure the best chance of reviving the application.
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